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2011 - 2012 LEGISLATURE
ASSEMBLY AMENDMENT 35,
TO 2011 SENATE BILL 275
March 15, 2012 - Offered by Representative Mason.
SB275-AA35,1,21 At the locations indicated, amend the bill, as shown by senate substitute
2amendment 2, as follows:
SB275-AA35,1,6 31. Page 1, line 5: delete "Milwaukee area technical college district board" and
4substitute "technical college district boards, providing an exemption from and
5extending the time limit for emergency rule procedures, and granting rule-making
6authority".
SB275-AA35,1,9 72. Page 1, line 6: delete the material beginning with that line and ending with
8page 6, line 20, including the material inserted by senate amendment 1, and
9substitute:
SB275-AA35,1,10 10" Section 1. 5.02 (3), (21) and (23) of the statutes are amended to read:
SB275-AA35,1,1211 5.02 (3) "Educational officer" means the state superintendent, a member of a
12technical college district board,
and a school board members member.
SB275-AA35,2,6
1(21) "Spring election" means the election held on the first Tuesday in April to
2elect judicial officers, educational and officers other than technical college district
3board members,
municipal officers, nonpartisan county officers and sewerage
4commissioners and to express preferences for the person to be the presidential
5candidate for each party in a year in which electors for president and vice president
6are to be elected.
SB275-AA35,2,11 7(23) "State office" means the offices of governor, lieutenant governor, secretary
8of state, state treasurer, attorney general, state superintendent, justice of the
9supreme court, court of appeals judge, circuit court judge, state senator, state
10representative to the assembly and, district attorney, and member of a technical
11college district board
.
SB275-AA35, s. 2 12Section 2. 5.62 (3) of the statutes, as affected by 2011 Wisconsin Acts 32 and
1375, is amended to read:
SB275-AA35,2,2314 5.62 (3) The board shall designate the official primary ballot arrangement for
15statewide offices, technical college district board members, and district attorney
16within each prosecutorial district by using the same procedure as provided in s. 5.60
17(1) (b). On each ballot and on each separate column or row on the ballot, the
18candidates for office shall be listed together with the offices which they seek in the
19following order whenever these offices appear on the partisan primary ballot:
20governor, lieutenant governor, attorney general, secretary of state, state treasurer,
21U.S. senator, U.S. representative in congress, state senator, representative to the
22assembly, technical college district board member, district attorney and the county
23offices.
SB275-AA35, s. 3 24Section 3. 5.64 (1) (ag) of the statutes is amended to read:
SB275-AA35,3,4
15.64 (1) (ag) Except as authorized in s. 5.655, there shall be a separate ballot
2giving the names of all candidates for president and vice president and for statewide,
3congressional, legislative, technical college district, and county offices in the same
4form as prescribed by the board under s. 7.08 (1) (a).
SB275-AA35, s. 4 5Section 4. 7.60 (4) (a) of the statutes is amended to read:
SB275-AA35,4,26 7.60 (4) (a) The board of canvassers shall make separate duplicate statements
7showing the numbers of votes cast for the offices of president and vice president; state
8officials; U.S. senators and representatives in congress; state legislators; justice;
9court of appeals judge; circuit judges; members of the technical college district
10boards;
district attorneys; and metropolitan sewerage commissioners, if the
11commissioners are elected under s. 200.09 (11) (am). If a municipal judge elected
12under s. 755.01 (4) serves a municipality that is located partially within the county
13and candidates for that judgeship file nomination papers in another county, the
14board of canvassers shall prepare a duplicate statement showing the numbers of
15votes cast for that judgeship in that county for transmittal to the other county. For
16partisan candidates, the statements shall include the political party or principle
17designation, if any, next to the name of each candidate. The board of canvassers shall
18also prepare a statement showing the results of any county, technical college district,
19or statewide referendum. Each statement shall state the total number of votes cast
20in the county for each office; the names of all persons for whom the votes were cast,
21as returned; the number of votes cast for each person; and the number of votes cast
22for and against any question submitted at a referendum. The board of canvassers
23shall use one copy of each duplicate statement to report to the government
24accountability board, technical college district board, or board of canvassers of any

1other county and shall file the other statement in the office of the county clerk or
2board of election commissioners.
SB275-AA35, s. 5 3Section 5. 7.60 (5) (a) of the statutes, as affected by 2011 Wisconsin Act 115,
4is amended to read:
SB275-AA35,4,235 7.60 (5) (a) Immediately following the canvass, the county clerk shall deliver
6or transmit to the government accountability board a certified copy of each statement
7of the county board of canvassers for president and vice president, state officials,
8senators and representatives in congress, state legislators, justice, court of appeals
9judge, circuit judge, members of the technical college district boards, district
10attorney, and metropolitan sewerage commissioners, if the commissioners are
11elected under s. 200.09 (11) (am). The statement shall record the returns for each
12office or referendum by ward, unless combined returns are authorized under s. 5.15
13(6) (b) in which case the statement shall record the returns for each group of
14combined wards. Following primaries the county clerk shall enclose on forms
15prescribed by the government accountability board the names, party or principle
16designation, if any, and number of votes received by each candidate recorded in the
17same manner. The county clerk shall deliver or transmit the certified statement to
18the government accountability board no later than 9 days after each primary except
19the partisan primary, no later than 10 days after the partisan primary and any other
20election except the general election, and no later than 14 days after the general
21election. The board of canvassers shall deliver or transmit a certified copy of each
22statement for any technical college district referendum to the secretary of the
23technical college district board.
SB275-AA35, s. 6m 24Section 6m. 7.70 (3) (d) of the statutes is amended to read:
SB275-AA35,5,12
17.70 (3) (d) When the certified statements and returns are received, the
2chairperson of the board or the chairperson's designee shall proceed to examine and
3make a statement of the total number of votes cast at any election for the offices
4involved in the election for president and vice president; a statement for each of the
5offices of governor, lieutenant governor, if a primary, and a joint statement for the
6offices of governor and lieutenant governor, if a general election; a statement for each
7of the offices of secretary of state, state treasurer, attorney general, and state
8superintendent; for U.S. senator; representative in congress for each congressional
9district; the state legislature; justice; court of appeals judge; circuit judge; technical
10college district board member;
district attorney; metropolitan sewerage commission,
11if the commissioners are elected under s. 200.09 (11) (am); and for any referenda
12questions submitted by the legislature.
SB275-AA35, s. 7m 13Section 7m. 7.70 (6) of the statutes is created to read:
SB275-AA35,5,1814 7.70 (6) Technical college district board members; determinations. The
15government accountability board shall transmit to the secretary of the technical
16college district board a copy of the certified determination of the chairperson of the
17government accountability board or his or her designee for the election of each
18member of the district board.
SB275-AA35, s. 10m 19Section 10m. 8.15 (6) (ds) of the statutes is created to read:
SB275-AA35,5,2120 8.15 (6) (ds) For the office of member of the technical college district board from
21any election district, not less than 200 nor more than 400 electors.
SB275-AA35, s. 11 22Section 11. 9.10 (1) (a) of the statutes is amended to read:
SB275-AA35,6,323 9.10 (1) (a) The qualified electors of the state, of any county, city, village, or
24town, of any congressional, legislative, judicial, technical college, town sanitary, or
25school district, or of any prosecutorial unit may petition for the recall of any

1incumbent elective official by filing a petition with the same official or agency with
2whom nomination papers or declarations of candidacy for the office are filed
3demanding the recall of the officeholder.
SB275-AA35, s. 12 4Section 12. 9.10 (2) (b) of the statutes is amended to read:
SB275-AA35,6,85 9.10 (2) (b) A recall petition for a city, village, town, technical college district,
6town sanitary district, or school district office shall contain a statement of a reason
7for the recall which is related to the official responsibilities of the official for whom
8removal is sought.
SB275-AA35, s. 13 9Section 13. 9.10 (2) (d) of the statutes is amended to read:
SB275-AA35,6,2210 9.10 (2) (d) No petition may be offered for filing for the recall of an officer unless
11the petitioner first files a registration statement under s. 11.05 (1) or (2) with the
12filing officer with whom the petition is filed. The petitioner shall append to the
13registration a statement indicating his or her intent to circulate a recall petition, the
14name of the officer for whom recall is sought and, in the case of a petition for the recall
15of a city, village, town, technical college district, town sanitary district, or school
16district officer, a statement of a reason for the recall which is related to the official
17responsibilities of the official for whom removal is sought. No petitioner may
18circulate a petition for the recall of an officer prior to completing registration. The
19last date that a petition for the recall of an officer may be offered for filing is 5 p.m.
20on the 60th day commencing after registration. After the recall petition has been
21offered for filing, no name may be added or removed. No signature may be counted
22unless the date of the signature is within the period provided in this paragraph.
SB275-AA35, s. 14 23Section 14. 9.10 (3) (a) of the statutes is amended to read:
SB275-AA35,7,224 9.10 (3) (a) This subsection applies to the recall of all elective officials other
25than city, village, town, technical college district, town sanitary district, and school

1district officials. City, village, town, technical college district, town sanitary district,
2and school district officials are recalled under sub. (4).
SB275-AA35, s. 15 3Section 15. 9.10 (4) (title) of the statutes is amended to read:
SB275-AA35,7,54 9.10 (4) (title) City, village, town, town sanitary district, technical college
5district,
and school district offices.
SB275-AA35, s. 16 6Section 16. 9.10 (4) (a) of the statutes is amended to read:
SB275-AA35,8,107 9.10 (4) (a) Within 10 days after a petition for the recall of a city, village, town,
8technical college district, town sanitary district, or school district official, is offered
9for filing, the officer against whom the petition is filed may file a written challenge
10with the municipal clerk or board of election commissioners or school district clerk
11official or agency with whom it is filed, specifying any alleged insufficiency. If a
12challenge is filed, the petitioner may file a written rebuttal to the challenge with the
13clerk or board of election commissioners official or agency within 5 days after the
14challenge is filed. If a rebuttal is filed, the officer against whom the petition is filed
15may file a reply to any new matter raised in the rebuttal within 2 days after the
16rebuttal is filed. Within 14 days after the expiration of the time allowed for filing a
17reply to a rebuttal, the clerk or board of election commissioners official or agency
18shall file the certificate or an amended certificate. Within 31 days after the petition
19is offered for filing, the clerk or board of election commissioners official or agency
20shall determine by careful examination of the face of the petition whether the
21petition is sufficient and shall so state in a certificate attached to the petition. If the
22petition is found to be insufficient, the certificate shall state the particulars creating
23the insufficiency. The petition may be amended to correct any insufficiency within
245 days following the affixing of the original certificate. Within 2 days after the
25offering of the amended petition for filing, the clerk or board of election

1commissioners
official or agency shall again carefully examine the face of the petition
2to determine sufficiency and shall attach to the petition a certificate stating the
3findings. Immediately upon finding an original or amended petition sufficient,
4except in cities over 500,000 population and in technical college districts, the
5municipal clerk or school district clerk official shall transmit the petition to the
6governing body or to the school board. Immediately upon finding an original or
7amended petition sufficient, in cities over 500,000 population, the board of election
8commissioners shall file the petition in its office. Immediately upon finding an
9original or amended petition sufficient, in technical college districts, the government
10accountability board shall file the petition in its office.
SB275-AA35, s. 17 11Section 17. 9.10 (4) (d) of the statutes is amended to read:
SB275-AA35,8,1712 9.10 (4) (d) Promptly upon receipt of a certificate under par. (a), the governing
13body, school board, or board of election commissioners , or government accountability
14board
shall call a recall election. The recall election shall be held on the Tuesday of
15the 6th week commencing after the date on which the certificate is filed, except that
16if Tuesday is a legal holiday the recall election shall be held on the first day after
17Tuesday which is not a legal holiday.
SB275-AA35, s. 18 18Section 18. 9.10 (7) of the statutes is amended to read:
SB275-AA35,8,2219 9.10 (7) Purpose. The purpose of this section is to facilitate the operation of
20article XIII, section 12, of the constitution and to extend the same rights to electors
21of cities, villages, towns, technical college districts, town sanitary districts, and
22school districts.
SB275-AA35, s. 19 23Section 19. 11.26 (1) (c) of the statutes is amended to read:
SB275-AA35,8,2524 11.26 (1) (c) Candidates for representative to the assembly or member of a
25technical college district board
, $500.
SB275-AA35, s. 20
1Section 20. 11.26 (2) (c) of the statutes is amended to read:
SB275-AA35,9,32 11.26 (2) (c) Candidates for representative to the assembly or member of a
3technical college district board
, $500.
SB275-AA35, s. 21 4Section 21. 11.31 (1) (f) of the statutes is amended to read:
SB275-AA35,9,75 11.31 (1) (f) Candidates for representative to the assembly or member of a
6technical college district board
, $17,250 total in the primary and election, with
7disbursements not exceeding $10,775 for either the primary or the election.
SB275-AA35, s. 22 8Section 22. 11.31 (1) (g) (intro.) of the statutes is amended to read:
SB275-AA35,9,119 11.31 (1) (g) (intro.) In any jurisdiction or district, other than a technical college
10district or
judicial district or circuit, with a population of 500,000 or more according
11to the most recent federal census covering the entire jurisdiction or district:
SB275-AA35, s. 23 12Section 23. 17.01 (10m) of the statutes is created to read:
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